Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1887-03-27
APPLICATION FOB PATENT,

APPLICATION FOB PATENT.
Where papers have once been hled with the
Register and Receiver they become Q part OF
the record, and can neither be Withdrawn nor
returned, but must be transmitted to the Gen
ersl Land ONCE.
An application will be rejected when the
SUFFICIENT.
Application for patent will be rejected be-
cause:
First : The notice was published without the
knowledge Of the Register.
~Second-The notice was not published in q
new paper designated a. published nearestt the
claim.
Third-Rscord title was found defective,
and
Fourth--A previous application hsd been
made for the same premises, which was with
drawn pending Q suit in Court commenced by
the adverse claimant.
An application for patent will be rejected
when the survey does not accurately define the
boundaries OF the claim.
Where the claim was not located In sccord-
ance with law.
Where several parties own separate and dis
tinct portions Of 9 claim, application for
patent may be made by either for tn at portion
OF the claim owned by him; but where so-ersl
parties own undivided interests in . mining
claim all should join In an application for .
patent.
A person or association may purchase o.
many placer locstions as the local Law admits
and embrace them all In one application for .
patent.
Two or more lodes cannot be embraced in
one application for . patent except for placer
claims embracing two or more lodes within
their boundaries
Papers sworn TO before any person pun rort.
ing 70 set a. Q deputy for the Register and Re
ceiver cannot be recorded as evidences.
In all patents for mining claims situated
within the interior boundaries of q town site
Q clause 10 in erted excepting and excluding
all town property, rights upon the surface,
and all houses, buildings. structures. lots,
blocks, streets, alleys or other municipal I'm
provements not belonging to the grantee here.
IN, and all rights necessary or proper to the
occupation, possession and enjoyment OF the
same"
Publication of notice must be made q only
one newspaper for the period Of 60 days.
Notice must be published 10 consecutive
weeks in weekly newspapers. and in daily
| newspapers go days must elApse between the
fret and last insertions.
Where the Register lest gnAt the d ally issu.
Of q newspaper fer publication of notices of !
mining application for patent II is not a com
pliance with law TO change to the weekly edi
zion Of the same paper without authority Of
the Register.
Tit existence o, . salt spring on 9 tract oil
land withdrsws 1t from the operation Of thu
homestead and pre-emPtion laws. A hearing
for the purpose Of proving the agriculture
character OF such land 10 not allowed LAND
containing valuable deposits Of slate may b,
entered under the mining Acts.
ADvKRsE CLAIMS.
Adverse claimants must file q separate snt
distinct claim against each application whict
Il 10 alleged conflicts with the premises owned
by such adverse claimant.
TIL papers In an adverse claim, once fled
cannot be Withdrawn, but becomes . part Of tn,
record.
When an adverse claim has been hled IL can
not be amended 30 as 20 embrace Q larger per
ton Of the premises than that described In tn.
original adverse claim.
An adverse clsim must be made out II
proper form and filed In the proper local Off c,
during the period of publication OF the appli
cation for the patent TO be effective.
II Is the duty of the adverse claimant
suit in proper form within the re
quired time. and II be trusts the uncertsi,
medium OF the United States mail he mus
sbide the consequences. should the delay
ensue. through misfortune or accident. Should
the failure to suit be the result OF
the cor rupt or dishonest action OF his attorney
the Interior Department cannot redress the
wrong.
An adverse claimant should set forth in de.
tail the facts upon which he bases his adverse
claim. A statement In general terms, embody.
ing conclusions of law, without stating the
facts specially, Will hot be considered In eyi-
dence.
An adverse claimant should show 6 compli.
snce with the local laws in recording his claim
and In regard to expenditures. and shall hls 8
copy Of the original notice of his location, and
show the nature or extent Of the conflict
alleged.
An allegation Of parties to q suit that they
compose the company is SUFFICIENT. and they
are not required to prove that they are the
original ~locators or the identical parties who
present the adverse claim.
aaurrvv wrru.v ou xyyw, 49,
Where LAND ia of little. IL any value, for ssri.
cultural purposes, but 10 essential TO the
| proper development of mining claims. A
should be disposed OF under the Mining Act.
Where lands containing valuable mineral
deposits have been included In an agrtcultura
entry, said entry will be cancelled 1t any time
prior to issuance Of patent. upon satisfactory
posts.
Where valuable deposits Of mineral are dis.
covered upon q tract sitter the Same ,as been
entered % agricultural. but before | ssent has
been issued. the parties claiming the mine
may make application for patent for same,
and the Agricultural entry viii be cancelled 10
that portion Of the land embraced by said
| mining claim.
Where mineral deposits are discovered on
agricultural lands after the patent has been
with the patent.
Agricultural College scrip cannot be
ceived In payment for claims.
ALIENS.
A foreigner may make Q mining location
dispose OF 1t. provided he becomes a citizen
pefore disposing OF the mine. Proof that the
party was not . citizen before disposIng Of his
claim must be afirmstiveiy shown.
Locators and intermediate owners. other
tnsn applicants, will not be presumed aliens,
IN the absence Of allegation or objection prior
to issuance Of patent. ~
Inc portion Of 9 mining claim sold 10 an
alien cannot be patented while such owner n
an alien; but on his deciarationb o become !
citizen his right dates back TO his purchsss
aud he may thereupon secure United States
patent for his claim.
CROSS LEDaEs.
Revised Statutes. Section q. sss.
Mnere Two or more lodges cross or intersect
each other, priority Of title shall govern. and
sucn prior location shall be entitled TO ali ore
or mineral contained within the space Of inter.
section, but the subsequent location shall have
the right OF way through the space Of inter.
section ior the purpose of the convenient
WORKING OF the mine. And where two or more
veins unite the oldest or prior location shall